This blog is mostly devoted to discussing educational policy issues and politics in Utah. This is meant to be a place to gather my research and thoughts into detailed explanations that hopefully add clarity to the discussion of public education. Many of the issues are multi-faceted and need to be examined thoroughly. Thus, some posts will be boring long. Come here looking for what I now understand. I will re-organize and readdress issues as I learn more.

Wednesday, September 3, 2008

Articles about the Box Elder County referendum where a 2-1 vote of a 3-member county commission authorized the sale of the county landfill

This KSL article has an explanation of the initial positions, pictures, and some horrible arguments for disallowing referendums:

http://www.ksl.com/?nid=148&sid=3046883

The 2nd article down describes the court decision allowing the referendum--very applicable to the importance of referendums overall.

Posted: 3:22 PM- BRIGHAM CITY - Box Elder County residents whosuccessfully petitioned for a right to vote on selling the countylandfill are now asking a judge to let them have a say in the lawsuitchallenging the referendum. Eight residents, including several sponsors of the petition, sayin a 1st District Court filing that they have both a constitutionaland a statutory interest in seeing that the landfill vote remains onthe Nov. 4 ballot. The Northern Utah Regional Landfill Authority, comprised ofgarbage districts covering most of northern Utah, wants to turn BoxElder County's Little Mountain Landfill southwest of Tremonton into alarge regional dump. The three-member County Commission, two of whom also serve on theauthority's board, agreed last December to sell the landfill to theauthority. But residents were angry over what they considered a lack ofpublic debate and circulated petitions to force a referendum on thesale. They gathered far more signatures than were necessary, andCounty Recorder LuAnn Adams certified the petitions and put the matteron the ballot. In its lawsuit against the county and Adams, the landfillauthority argues that the Box Elder Commission's decision to sell thelandfill was administrative, not legislative, and thus not subject toa referendum. Ron Germer, a Brigham City resident who is among the eight tryingto intervene in the case, said they are trying to protect theconstitutional rights of the 4,400 residents who signed petitions. "It is unbelievable that NURLA would try to infringe upon therights of the people," he wrote in an e-mail. "If this is what we canexpect from them, I am not sure we should have anything to do withthem." Some of petition signers have said that, although they eventuallymay support selling the landfill, they want a more public processbefore the decision is made. NURLA was organized last year by four entities that handle all thegarbage - except Bountiful's - in Davis, Morgan, Weber, Box Elder andCache counties. Participants are Wasatch Integrated Waste Management System, WeberCounty, Box Elder County and Logan. kmoulton@sltrib.com

BRIGHAM CITY - Box Elder County residents will get to vote after all on the sale of their Little Mountain Landfill to a regional landfill authority. First District Court Judge Ben Hadfield has rejected arguments from the Northern Utah Regional Landfill Authority (NURLA) to keep a voter referendum off the Nov. 4 ballot. Reggie Petersen of Penrose cheered the judge's decision. "I'm happy the judicial system protected the Constitutional right of the people to have a say," he said. The Box Elder County Commission voted last December to sell the landfill southwest of Tremonton to NURLA, formed in 2007 by garbage districts covering five northern Utah counties. The plan is to line and enlarge the landfill to eventually accommodate garbage from Davis County on the south to Cache County on the north. Unhappy with the sale, county residents gathered more than 4,000 signatures to put a referendum on the ballot. NURLA sued, asking the judge to rule that Box Elder County Clerk LuAnn Adams was wrong to certify the petitions. The landfill authority argued that the commission's decision was administrative, not a policy-making decision open to referendum. It also argued that the sale fell under Utah's Interlocal Cooperation Act, which prohibits referendum - and that the matter was too complex to entrust to voters. The judge rejected all three arguments."The court finds that the issue . . . is one of great potential impact upon the county's environment, resources and citizens and very appropriate for voter participation." Weber County Commissioner Craig Dearden, the chairman of NURLA, said the authority board will meet June 5 to discuss its options. The lawsuit, he said, was more about clarification than preventing the public from voting, he said. Nonetheless, "We felt like the County Commissioners represent the people and were elected by the people and they made their decision to sell it." kmoulton@sltrib.com www.sltrib.com

BRIGHAM CITY - The board representing garbage districts in fivenorthern Utah counties decided unanimously Wednesday to drop itschallenge of a voter initiative in Box Elder County. The Northern Utah Regional Landfill Authority board (NURLA),comprised of elected officials from Davis to Cache County, insteadturned its attention to defeating the initiative on November's ballot. Opponents of selling Box Elder County's Little Mountain Landfillto NURLA gathered more than 4,000 signatures last winter, givingvoters a shot at reversing a Box Elder County Commission decision madelast December. The NURLA board this spring sued in 1st District Court, arguingthe matter was not open to a referendum, but Judge Ben Hadfield ruledagainst NURLA. "We communicated as a body that our intent was to refer to thecourt to have its opinion," said Box Elder County Commissioner ClarkDavis, who added that the board should "live with the decision." The board now has to figure out how it will campaign for the salebecause it is illegal to use public money to do so. Attorney Patrick Malone said NURLA can use public money to explainits reasoning, but must give opponents the opportunity to explaintheir positions as well. Brigham City Mayor Lou Ann Christensen told the board its plan fora regional landfill would save the city $90,000 to $150,000 a year intipping fees. She encouraged the board to organize independentsupporters to raise money for the publicity campaign. Opponents of selling the landfill told the board it shouldconsider other options. Dean Anderson, of Bear River City, said the Little Mountain siteis too small for the five counties' garbage, while a site onPromontory Point is better suited. "They just need to look at the big picture," said Anderson. "Theyneed to super-size." The board settled on expanding the landfill at Little Mountain,southwest of Tremonton, as the best choice after a feasibility studylast year. Resident Bonnie Germer, who was involved in the petition drive,said she doesn't want her county partnering with others in theregional landfill authority. "If you lose in November, don't come back suing us, because wewill fight you again," said Germer. kmoulton@sltrib.com